News & Publications

The Bottom Line We previously blogged (see blog dated February 20, 2018) about the First Circuit's decision in Mission Product Holdings, Inc. v. Tempnology, LLC (In re Tempnology, LLC), 879 F.3d 389 (1st Cir. 2018), affecting the rights of a non-debtor trademark licensee following rejection of the trademark agreement by the debtor. The First Circuit ruled against the non-debtor licensee, holding that the Bankruptcy Code's protections under section 365(n) do not apply. On June 11, [...]

Introduction Nonconsensual third-party releases in the Chapter 15 context may be gaining traction following a recent decision by Judge Martin Glenn of the U.S. Bankruptcy Court for the Southern District of New York. In Avanti Communications,1 Judge Glenn found that enforcement of the nonconsensual third-party releases contained in a restructuring plan formulated under the laws of the United Kingdom was appropriate. The ruling signals that comity and cooperation with foreign courts of law will be [...]

Perhaps one thing we can agree on in discussing the healthcare industry:  it is in a state of distress stemming from the challenges created by an ever-increasing regulatory burden, changes in reimbursement rates, uncertainty with the Affordable Care Act, mounting tort and employment litigation.  The recent rampant growth of urgent care centers and retail clinics as well as technological advances and telemedicine have created a change in the manner in which healthcare services are delivered and consequently [...]